Prosecutorial discretion generally refers to the authority of a prosecuting officer or agency (United States Attorney or state District Attorney) to decide what if any criminal charges to bring against a person or persons, and what punishment or sentence to seek. Prosecutorial discretion may also be used by a police officer, for example, in deciding whether to issue a driver a speeding citation (ticket) or a warning.
Prosecutors generally have broad authority to make such decisions—subject to the right of the citizens to remove them from office, directly or indirectly, in the voting or election process.
In New Hampshire, as in other states, prosecutorial discretion is a significant aspect of the criminal justice system. This discretion allows prosecutors, such as the state's District Attorneys, to determine whether to file charges against an individual, which charges to file, and what kind of sentence to recommend or plea bargain to offer. This decision-making power is guided by considerations of legal merit, resource allocation, and public interest. Prosecutorial discretion also extends to law enforcement officers, such as when a police officer decides whether to issue a speeding ticket or a warning. While prosecutors in New Hampshire have wide latitude in these decisions, their authority is not absolute and is subject to checks and balances, including ethical guidelines, oversight by the courts, and ultimately, accountability to the public through elections.